It is difficult to determine what an average settlement for wrongful death lawsuits is because cases differ, and no two outcomes are the same. Also, statistical resources for calculating the average compensation for wrongful death cases do not exist.
However, a lawyer from our team can help evaluate your wrongful death claim to determine how much compensation to pursue in your case. The awards you might be able to seek depend on the circumstances of your case and the extent of your losses.
Factors That Affect a Wrongful Death Settlement
Every wrongful death lawsuit has inherent differences that a lawyer from our firm can evaluate to help you determine the appropriate amount to request in your case. Our attorneys cannot guarantee that you will receive that specific amount, but we can assess several factors to make your case for fair compensation.
These factors may include:
- The decedent’s age
- The decedent’s future earning potential
- The decedent’s medical bills and other health care expenses related to the injury that caused their death
- Available insurance policy coverage and limits
Insurance companies and juries must consider that wrongful death claims intend to provide for the victim’s loved ones for as long as the decedent would have provided for them had they lived a full life. Because their personal income plays a role in determining this amount, settlements can vary from thousands to several million.
Financial Awards in a Wrongful Death Lawsuit
How the law handles wrongful death claims and lawsuits varies by state, but they may include several components, depending on the extent of the decedent’s injuries, the damages the survivor suffered, and other financial assets involved.
Lost Financial Contributions
According to an article in the Journal of Legal Economics, family members typically file a wrongful death claim for the damages the decedent would have received for their personal injuries had they survived, the damages the survivors accrued due to the decedent’s death, or both.
Loss of Addition to the Estate
If the decedent and/or their dependents have considerable fiscal means, they may also pursue compensation for the loss of accumulations to an estate.
This loss refers to an assumed increase in the decedent’s estate had they survived and the loss of investment accumulations for the annual investment totals the decedent would have expected to make.
In a wrongful death case, compensatory damages refer to the losses the claimant seeks for the loss of their loved one.
Damages can include those that the court can measure, such as:
- Lost wages they could have provided the family in the future as well as any lost wages incurred while under medical care following the accident
- Medical bills for the time they were under medical care
- Funeral and burial expenses
Survivors may also receive compensatory damages for the physical, emotional, and mental trauma they and the decedent experienced due to the fatal incident.
Types of Claimants in Wrongful Death Cases
If you lost a loved one due to another person’s negligence, a lawyer from our team could help determine if you can pursue a wrongful death case. Each state maintains its own laws regarding who can file a lawsuit for wrongful death, which could include the executor of the decedent’s estate, family members, or both.
State laws also determine how the claimant must distribute the settlement if achieved and whether the court must oversee or approve its distribution. If your state requires a representative of the decedent’s estate to file the lawsuit and your loved one did not have a will, the court can appoint one to file the lawsuit.
Our Lawyers Can Help You Evaluate the Wrongful Death Case
Unfortunately, attorneys cannot provide you with an average settlement for wrongful death lawsuits.
However, they can investigate the details of your case, examine the circumstances that led to your loved one’s death, and assess the factors that play a role in the estimated amount of your settlement to help you pursue a fair payment for your losses.
The Elements of a Wrongful Death Case
To be able to recover compensation through a settlement or judgment after your loved one’s death, we must show that their passing was wrongful. To do this, we have to show that:
- The party we are seeking compensation from owed your loved one a duty of care.
- They were negligent in some way, breaching their duty of care.
- Their negligence caused your loved one’s death.
- Your loved one and family suffered financial and emotional losses from their death.
Generally, we need to show that your loved one would have qualified to file a personal injury case had they survived the negligent action. We can collect the following evidence to demonstrate the defendant’s negligence:
- Photographs of the accident scene
- Surveillance video footage
- Witness testimony
- Expert witness testimony
- Bills, statements, and receipts
- Medical records
- Police reports
Call Ben Crump Law, PLLC, for Help with Your Wrongful Death Case
If you have lost a loved one as a result of someone else’s unlawful or negligent actions, the attorneys at Ben Crump Law, PLLC, can help you ease the burden associated with facing the legal system on your own. We can manage your case and provide you with counsel.
We work on a contingency fee basis. That means you don’t pay us for our services until we win you compensation for your loved one’s wrongful death. Call our wrongful death lawyers to discuss the details of your case during a free consultation with our team.